498a & 406 jurisdiction

Divya (Querist) 23 May 2012 This query is : Resolved
Hello

All My mother's stridhan was kept in a locker at Ambala...This had happened 30 yrs back.

My mother had kept keys of locker with my Grandmother i.e. dadi

Now after dadi's death, my chacha has forecefuly kept the LOCKER keys with him and is not giving the keys to mother.....

My chacha stays at Pune & my mother stays at Thane.....My mother had given the keys to dadi when dadi was at Pune , hence entrustment of keys was at Pune..

My mother wants to get back her "Stridhan", bt she is confused where in which city she can file a complaint using IPC sections 498A/406/34 & other relevant ones.

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kuldeep kumar (Expert) 23 May 2012
offence of criminal breach of trust is made out.498a is not made out.

Adv.R.P.Chugh (Expert) 23 May 2012
It is a clear case of Criminal Breach of Trust - but not 498A as such. Jurisdiction in 406 lies in :-
* place where articles were entrusted.
* also the place where the articles are to be accounted for or returned back.

Hence Pune, Thane both would have jurisdiction.

Nadeem Qureshi (Expert) 23 May 2012
Dear Querist
first of all, inform to bank official in this regard and stop to open the locker without presence of your mother by third party. secondly file a criminal complaint u/s 406 IPC. you can file this complaint in both the cities where you think fit.
Feel free to call